X. & Y. v. Switzerland
European Commission of Human Rights
1977 Y.B. Eur. Conv. on H.R. (Eur. Comm’n H.R.) 372, 402-406 (1977)
- Written by Kyli Cotten, JD
Facts
In 1923, Switzerland (defendant) and Lichtenstein entered a treaty that provided that Switzerland could regulate the entrance of foreign aliens at the Swiss-Lichtenstein border. In 1963, the two countries entered an agreement that stated that prohibitions of entry to foreigners pronounced by Switzerland automatically had effect in Lichtenstein. Years later, a German and an Austrian citizen (plaintiffs) were denied entry into Lichtenstein by the Swiss police. The two foreigners filed a complaint with the European Commission of Human Rights (the commission), alleging that Switzerland violated the European Convention of Human Rights (the convention) by denying the foreigners entry. Switzerland was a party to the convention at the time, whereas Lichtenstein was not. Switzerland argued that the conduct of Swiss police at the border of Lichtenstein must be attributable to Lichtenstein rather than Switzerland; thus, the commission did not have jurisdiction.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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